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Date Application Received: August 28, 2019 <br />Date Application Considered as Complete: August 28, 2019 <br />60-Day Review Period Expires: Extended to December 26, 2019 <br /> <br /> <br />To: Chair Ressler and Planning Commission Members <br /> Dustin Rief, City Administrator <br /> <br />From: Jeremy Barnhart, Community Development Director <br /> <br />Date: October 21, 2019 <br /> <br />Subject: #LA19-000074, William Griffith/ o/b/o Theodore Bonnett, <br />Request for street vacation and variance. <br />Public Hearing <br /> <br /> <br />Background <br />William Griffith represents the property owner who owns 40 and 45 Smith Avenue, two <br />properties on opposing sides at the northern end of Smith Avenue. The desire is to vacate the <br />rights of way adjacent to these lots, which consists of Smith Avenue, Almo Place and Lane. The <br />applicant has discussed possible future subdivision of the area, but no plans have been <br />submitted. <br /> <br />The parcels and right of way were originally platted as Orono Orchards, in 1924. The rights of <br />way proposed are highlighted in green in the attached Exhibit B. Smith Avenue is improved as <br />shown on the Exhibit B, Almo Place and Lane are not improved. <br /> <br />Smith Avenue has been identified as a street to be repaved in 2020. The owner has expressed a <br />desire to understand the plan for Smith Avenue in advance of that project. <br /> <br />If Smith Avenue is vacated as proposed, 40 Smith will not have the requisite lot width, a variance <br />will be required. The applicant is deferring the variance application until the Council decides on <br />the vacation request. <br /> <br />Applicable Regulations: <br />Sec. 78-9. - Vacation of streets, alleys and public grounds. <br />Vacation of streets, alleys and public grounds shall follow the procedures set forth in this <br />chapter; except that such vacation shall require a petition by a majority of the landowners <br />abutting the property to be vacated, and a hearing preceded by two weeks' published and <br />posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly <br />owned utility easement or boulevard reserve which is not being used for sewer, drainage, <br />Application Summary: The applicant is requesting the city vacate a portion of improved Smith <br />Avenue and additional unnamed, unimproved rights of way adjacent 40 and 45 Smith and to <br />the Luce Line State Trail. <br />Staff Recommendation: Planning Department Staff does not support the vacation without <br />certain improvements and easements that support the current public use of the Right of Way.